When are the Statute of Limitations in Personal Injury Cases?

By
Alex & Associates, P.C.
|September 20, 2016

A statute of limitations is the time period after an event, in which you
have to file a lawsuit. In Personal Injury cases, there are a few key
statute of limitations that your Personal Injury Attorney deals with daily.
The most common is the statute of limitations for your typical type of
personal injury case: car accidents and slip and falls cases, against
private persons or corporations.

For example, in Las Vegas personal injury cases, the statute of limitations
is 2 years from the date of the accident. So, if you’re in a car
accident, you have two years in which to file a lawsuit. Of course, it
is important to hire an attorney immediately, to make sure you do everything
to protect your claim, leading up to any potential lawsuit.

Another more tricky situation arises if you were hurt while on government
owned property or through the fault of a governmental agency. In those
cases, the statute of limitations is shortened to a quick six months.
Since McCarran airport is operated by Clark County, if you allege that
the county was negligent, you may be facing a 6 month statute of limitations,
instead of the longer 2 year statute. It is important to consult with
an experienced personal injury attorney immediately after an accident,
to ensure you haven’t waived any important rights.

The final statute of limitations that regularly comes up in personal injury
attorney cases, is in nursing home or rehabilitation facility cases. Although
your personal injury lawyer will file a “negligence” case
against the responsible entity, the facility may try to argue that they
should be held to the shorter 1 year statute of limitations for “medical
malpractice” cases.

The statute of limitations in these types of cases starts when you “knew
or should have known” of the injury. For example, if you were unconscious
for 3 months, the statute of limitations would start 1 year from the date
that you regained consciousness and were aware of your injuries. Since
this issue has NOT been definitely ruled on by the Nevada Supreme Court,
your personal injury lawyer will make sure that your lawsuit is filed
before the 1 year statute, to avoid any potential arguments to avoid responsibility
by the at fault party.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.